William Graefe, Franchise Attorney at Fisher Zucker, explains the importance of pre-sale negotiations for both parties when creating a master franchise agreement.Read more
New York Attorney General Eric Schneiderman filed a lawsuit against Domino’s and three of its franchisees, claiming it systematically unpaid its workers, failed to pay overtime, and didn’t reimburse delivery staff for their gas, mileage and wear and tear on their vehicles. The suit alleges that the lost wages amount to approximately $565,000, spread throughout ten New York-based stores. Typically, franchisors are not held jointly responsible for the actionsRead more
On May 18, 2016, the Department of Labor released its final rule regarding overtime regulations which will require franchisors and franchisees alike to pay overtime to managers and other administrative employees making less than $47,476 per year. Under the new rule, scheduled to take effect December 1, 2016, the minimum salary threshold at which executive, administrative and professional employees are exempt from the overtime pay requirements of the Fair LaborRead more
Fisher Zucker Attorneys Present at the International Franchise Association’s 49th Annual Legal Symposium
Fisher Zucker attorneys Joe Dunn and Dave Allsman will both be presenting at the International Franchise Association’s 49th Annual Legal Symposium on May 15-17, 2016 at the JW Marriott in Washington, D.C. Joe, alongside Kirk Reilly of Gray Plant Mooty and Lynette McKee of McKeeCo Services, will be presenting on the importance of product and supplier uniformity across franchise systems. His session, “Why Can’t I Buy This Instead? The IssueRead more
Why Can’t I Buy this Instead? The Issue of Unauthorized Products and Suppliers in Franchise Franchise Systems, International Franchise Association’s 49th Annual Legal Symposium, Washington, DC, May 2016.
PA Supreme Court to Decide if Franchisors can be Employers of their Franchisee’s Employees under Workers’ Compensation Statute
Yesterday, the Pennsylvania Supreme Court agreed to rule on a seemingly narrow issue that threatens to send ripples across the entire franchise relationship. Specifically, following an appeal of the Commonwealth Court’s decision in Saladworks, LLC v. W.C.A.B. (Gaudioso), the Court will decide whether a franchisor can ever be subject to liability as a statutory employer under Section 302(a) of the Pennsylvania Workers’ Compensation Act. This case involved the employee ofRead more